I provide commentary on political economy, police and prosecutorial abuse, and whatever else might come to mind.
Let justice roll down like waters,
and righteousness like an ever-flowing stream. Amos 5:24 (ESV)

Friday, November 19, 2010

Will Authorities in Hamilton County Ignore the Lawbreaking?

[Update, Friday, November 19, 11:45 AM]: According to the Twitter feeds, Joal Henke and Tonya Craft have reached a settlement, although the terms are not being made public. They have said they will tell the children of the decision, but the terms are confidential, having been reached after a lengthy in-chambers meeting this morning. [End Update]

At this writing, I have no idea how Judge Marie Williams will rule in Tonya Craft's custody case, some things have been established irrefutably: Joal and Sarah Henke conspired with Joal Henke's father to commit federal mortgage fraud, and Joal and Sarah Henke committed perjury. Both are crimes punishable by fines and prison.

Tonya's 30-day trial in Catoosa County established that she was not a child molester or a lawbreaker, but it also is clear that there was a lot of lawbreaking done by those who were accusing her, including the Henkes. Given the state of law in this country, I hardly am surprised when the innocent are charged with crimes while people who DO commit criminal acts are ignored.

I would not be beating this drum loudly if Joal and Sarah had not perjured themselves during Tonya Craft's trial in Catoosa County in an attempt to get Tonya out of the picture permanently with a life sentence. What they did was akin to an attempted murder, and their actions are not the kind of thing that one can or should ignore.

The Henkes and Mortgage Fraud

I first will look at the mortgage fraud, which Joal admitted under oath (although when Joal is under oath, it usually means he is lying). It is not hard to check the records, however, and if his father was the applicant for a VA loan, then we have prima facae evidence of fraud. I begin first with the federal statutes which are draconian:

By extending the federal fraud laws to cover mortgage fraud, FERA also increases the penalties faced by those charged for violating the law. Previously, a conviction for mortgage fraud may have resulted in no more than probation. Now, someone charged with mortgage fraud may face a maximum of 30 years in prison and up to $1 million fine.

Additionally, the statute of limitations for bringing a mortgage fraud claim has been extended from 5 years to 10 years, giving the DOJ a much greater opportunity to build a successful case against someone accused of committing the crime.

In Henke's case, this would not be hard to investigate, since the paperwork is easily made available. If Joal's father claimed in the application that he was going to live in the house and then did not live there, he has committed fraud. Furthermore, under federal conspiracy laws, if Joal and Sarah were aware of what was going on, then they also broke federal law.

Tennessee law is not as strict, as the prison sentences run from 3-7 years. However, because the loan in question was a VA loan, most likely this case would be prosecuted by federal authorities.

• makes a false statement, under oath;
• makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
• makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury. Tenn. Code Ann. § 39-16-702 (2007).

"Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. Tenn. Code Ann. § 39-16-703 (2007).

Perjury is basically lying under oath or on an official document. It is a Class A misdemeanor under normal circumstances. It is elevated to a Class E felony if committed on an application for a handgun carry permit or on a sexual offender registration form. Perjury can be aggravated under certain circumstances. According to Tennessee law, aggravated perjury (a Class D felony) is perjury plus:

• the false statement is made during or in connection with an official proceeding; and
• the false statement is material. Tenn. Code Ann. § 39-16-703 (2007).

There is more:

"Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. Tenn. Code Ann. § 39-16-701 (2007).

The main difference between perjury and aggravated perjury is the importance of the testimony. If the deceptive testimony could affect the outcome of the case, then the offense is aggravated perjury.

If the perjury is judged to be simple perjury, then it falls under the category of a misdemeanor in which a person serves a maximum of 11 months, 29 days. However, it the perjury is ruled to be "aggravated perjury" (in which the perjury could determine the outcome of a case), then it is a Class D felony with the following penalties:

Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute

In reality, most prosecutors don't bring perjury charges, given that there is so much lying in the courts, but they will bring these charges in certain situations. Certainly in the Tonya Craft case, the perjury was what we call "material," that is, it potentially had an effect on the case's outcome.

We already know that Hamilton County DA Bill Cox is moving Heaven and Earth to prosecute teacher Stacy Swallows, yet Mr. Swallows harmed no one. I wonder, however, if Mr. Cox is going to ignore the felonious behavior that has gone on in the building where he works. My sense is that he will, which would say something about Mr. Cox's priorities.

Joal and Sarah won't have to worry about being prosecuted in Georgia, given that their perjury was suborned by prosecutors Chris "Facebook-Cruisemaster" Arnt and Len "The Man" Gregor. I don't know if they will be prosecuted in Tennessee, either, although any prosecutor who might want to investigate the mortgage fraud and perjury would find low-hanging fruit.

Most likely joint custody. Both of these folks can't stand the thought of losing, so joint would give them both some saving face.Now, for the Love of everthing Holy, will they actually put the children first and let go of animosity and vengeance. Children can learn a lot from how all the parents (4 of them) handle themselves from this point forward.

Tonya has not had animosity or vengeance, so the kids have not seen that from her, David or her parents, other family & friends. This was the importance of Tonya regaining custody. She has been the bigger person through it all & will make sure the children do not see the ugliness of everything that has happened.

Per the TFP website: "The couple, who were both crying and joking together today after Hamilton County Circuit Court Judge Marie Williams announced the agreement, said they are happy about the decision."

My sense that it also involved tears of relief. Don't forget that if there is a recorded conversation of the Henkes with Dr. Ann Hazzard, and if Sarah told Dr. Hazzard that she did shave her privates while in the shower with Tonya's daughter, then there is very clear evidence of Sarah committing perjury in Judge Williams' courtroom.

That only is speculation on my part, but Joal said in one of the depositions that he had insisted that Dr. Hazzard tape the encounter. So, who knows what transpired today, and the attorneys and Tonya are not at liberty to disclose the agreement, and that is where we are.

Nonetheless, I do hope that Tonya was able to gain an agreement that will put her back into the lives of her children. Joal and Sarah most likely will not have to bear the consequences for their outright criminal behavior, and that is a shame, but that is where the courts are in this country at this time.

Also, remember there is also the lawsuit against J & SH, so with all that has come out, I believe JH saw his antics as pointless.

I truly believe it is not joint custody, as I do not see TC giving up that much time to spend with the brainwashers.

Dr. Anderson, you are more than likely correct about the Hazzard testimony. I think JH thought TC would give up at some point. Even though she has walked through fire, he is cocky enough to keep believing that.

I pray that the right thing happened today. As I said before, we will all know soon enough without the parents or attorneys disclosing anything. It will be shown in the house in which they will live.

to all who would like to continue insisting that joal henke is a good father who only wants what is best for his children...

TAKE NOTE: there is not a loving father on the face of this earth that would so much as consider, let alone AGREE to allow his children to be in the care of someone he truly believed harmed their child!

joal is a liar. he made up every bit of the crap that he testified to, from the accusations of molestation, to the lesbian one night stand, and the uncaring mother who allowed her children to run around dirty. he is a L I A R !! do you comprehend?

Whatever thoughts one may have about Joal, for the sake of the children we need to remember he is their father.

I believe the children would be better off in primary residential custiody with their mother, but Joal is and should be a part of their life no matter what the arrangements are.

I also feel he should 'pay the piper' for any crimes he committed, but, at the same time, I'd hate to see the children suffer any as a result of such. Years from now they will see him for what he is, meanwhile I hope they benefit from interacting with their father.

(it's tough to weigh the 'good v. bad' here and write that Joal is of a benefit to the children!)

I am so happy that a custody agreement has been agreed on by both Tonya and David, and Joal and Sarah.But I am also very somber this afternoon... thinking of all Tonya has endured over the past few years.Tonya lost two years and six months of her children's lives... precious time with her son and daughter that she will never get back. And for what?

How does a person recover after losing so much?

I've always looked on the bright side of things... knowing that if I looked deep enough, I would find something to be thankful for.

Today, I am so thankful that this fight is over, and that Tonya can be with her children again... but as her friend, I am also sad for all that she's lost... and for all that she's endured.

I am thankful that Tonya is such a fighter! She is a role model for us all. Even on the days when you feel you cannot go on... raise your head high, keep fighting and never give up! That is what Tonya chose to do... and that is why she is where she is today.

Victoria said:” I'm betting that Joal had her agree to drop the lawsuit against him and Sarah in exchange for Tonya to have full custody. Is such a deal a possibility under the law?”

The answer is yes, but that creates more questions. Since Joal was seeking a change in the custody (which was to have been back in place after the acquittal), the position he held was not a sure thing.

Should such an agreement be reached, I’d anticipate Joal also had to reveal more about what other parties in the lawsuit did that he was aware of – like an affidavit signed that showed liability on the part of any he worked with in the molestation claims.

I am getting a little far out on the limb to think such happened, but I’m not aware of any reason that shows it is not possible. Since I have not seen any orders or rulings in the lawsuit since a few Motions to Dismiss were filed, I had not anticipated any of the defendants to ‘run for cover’, but this was an opportunity for Joal to work his case out.

You bring up an excellent point, that Joal could actually be a witness against the other players, like Sandra Lamb, in the lawsuit. Not too bad of a trade-off since Joal doesn't have deep pockets anyhow, if that in fact was agreed to. Of course I would like to see him get his just deserts but Tonya knows what she is doing I'm sure. I don't know how on earth she can politely deal with someone who would have gladly seen her behind bars for life or worse -she is an amazing lady.

Since the agreement is private, will we find out the gist of it? If he gets dropped from the lawsuit wouldn't they have to file something with the civil court to amend it? Can someone be contractually obligated to bear witness against another party in a civil case? Think of the things he could disclose about the phone conversations with those women and perhaps the justice side.

Did Craft say she did not get everything she wanted? It might be misconstrued, but she seemed to hold all the cards in this case, especially with Henke admitting to colluding VA fraud, as well as several instances of contempt of court. I figured he yelled uncle with some big witnesses coming up.

Good for TC! I am sure she would not have made a deal she was less than happy with. Am I missing something? The testimony (that we were privy to) did not involve any rehashing of the details at the criminal trial. Without that, there is no proof in front of the judge that TC did anything wrong. Is there any question that TC shouldnt have her kids back?

And I would be keenly interested in seeing if Tonya now has Joal as a witness in her case against CC. He may not have actively participated in the prosecution but he damn sure knew what was going on.

And I agree completely with a previous post. No way in hell does Joal reach an agreement with TC if he truly believed she molested her child. You stand your ground and let the judge order it, but you do not agree to it. Biggest tell of all IMO.

Oh, Joal Knew that Tonya did not molest any of those children!!! The only molestation that occurred was the innocence of those girls perpetrated by the accuser's mothers along with the inept examiners of those girls. I have heard from reliable sources that Tonya was not looking to live a lavish lifestyle if she had been awarded the entire 25 mil. She only wanted to pay her parents back, her attorney's fees, and her way through law school. The rest she planned to donate to her church and to charity!!!Joal and Sarah Henke, you got off easy you pieces of crap!!! You don't deserve to be in those children's lives, and they certainly don't deserve to have someone like you as a Daddy!Sarah, you better run for cover, I am sure with your pregnancy as advanced as it is, and you showing like you do, 'ole Joal is already out "Working Late!" Showing his errr... houses to his next prospective Ms. Ex Joal Henkes.

any idea who the Allison12 skank is? She is one of the drive by trolltards in here and she also made a drive by comment on the timesfreepress article that "Tonya is the worst" or some such nonsense. Losers always whine the loudest I guess.

So happy for Tonya!! I know she settled on the best for her children. She wouldn't settle for less. What a mom!! And YES her children will comprehend it all when they are grown. Do you think O.J.'s kids think is is innocent today???

We can only speculate about whether the deal included letting the Henkes out of the civil suit, and whether Joal agreed to testify against the other perps who tried to frame Tonya, BUT one thing we know is that Joal would sell out Sandra Lamb in a heartbeat if it was to his benefit (just like he sold out that principal)

We should all learn something from today. First I am happy I was allowed to be part of a wonderful day. I have learned a lot from the most inspiring women I have ever met. We can learn that holding a grudge for the rest of ones life will never work. Doing what God has taught us in his word: you turn the other cheek. Tonya has been thru a lot, for those who may not understand the outcome of today is only because you cannot understand what closure means. When you sit with your life on the line not really sure if you have done all that is right, to prove you never committed such a heinous crime. To sit and have people dig thru the most private parts of your life distorting facts to fiction. To loose everything you have ever worked for, your name and most of all, your children.

Today was closure, today was an end to countless days of trying to see a light at the end of a long tunnel. Today she was the deciding factor; she no longer has to wait her fate being decided by the justice system. Today the children got closure and I commend her for that; at the end of the day it was the children who won. As she has stated many times its about the children and doing what’s right.

So lets have a prayer for a Family who has peace now and a prayer for those who still fight for the same end.

If Tonya can forgive Mr. Henke then so will I there has to be closure.

The whole worthless bunch who are named in the 25 million dollar lawsuit should be brought to justice including Joel and Sarah Henke and if Joel Henke owes back child support he should pay that too. If he struck a deal with Tonya letting her have custody so she'd drop him from the lawsuit then that PROVES he could care less for those kids. The Henke's and their little LMJC bunch may think they have gotten away with all the lies but it is for sure that they are all swirling in the drain that leads to hell.

I prayed over this situation this morning and some thoughts were given to me. The main one being that the only bitter words I keep hearing, are not from Tonya. They are from the blogosphere community. I have never heard Tonya utter a negative word in any interview, press conference or anywhere.

Why do we, as supporters of Tonya, say things that are so mean. I don't think we are being good reflections of Tonya. I know we can all have our opinions of the folks involved in the entire case, but I am praying, for Tonya's sake, that she doesn't have the same thoughts we do. It will make her future so much easier if she doesn't harbor the anger we have.

I pray that Christ encircles this entire "one big happy family" with His angels and shows us something that can only be attributed to Him! Supernatural healing that can only be attributed to a miracle, not of mans' own hand.

With that, I no longer will dig into this case or the business of the families. I, myself, have been caught up wanting to know every detail. I am letting that go now as well.

The newspaper articles tell the tale you don't want to hear. The judge heard from the doctors who verified what the prosecutors have been saying all along. She was tired of tonya's attorneys pulling the same crap they did at the criminal trial and made them cut their witness list way down until she finally told them enough. Tonya crying and Joel saying it's time to move on tells us that the agreement is in his favor. It's finally a good day for the kids.

Anon 12:44, it is my guess that Williams had heard enough after she heard Joal and his dad had committed a felony, as well as contempt of court issues. And believe me, I know exactly what the real doctors were saying. Get a life, and head back to the sauce.

And at what point were you at the custody hearing to identify with Judge Williams?I did attend the hearing and was witness to testimony, and was witness to Judge Williams. And I can tell you, that her reaction to Dupree was often contemptuous, and her reactions to Joal's "witnesses" were not much different.One of Joal's witnesses repeatedly refused to answer questions by responding, "I'm not sure what you mean...", "I don't know how to answer that..." and my personal favorite, "there are so many ways to interpret that."

Furthermore, the newspaper articles you are referring to, were written by a young girl who chose to leave out any and all information that would have caused her readers to think negatively of Joal.For an accurate account of the hearing, I would suggest you read articles written by Dennis Norwood found at chattanooga.com.

You wrote, "The judge heard from the doctors who verified what the prosecutors have been saying all along." Your statement is an outright lie, and it is through lies such as the ones you tell, that caused this entire ordeal to begin in the first place.

The fact that Joal spoke of becoming "one big happy family" speaks volumes. For if Joal thought for one second that Tonya truly hurt his child, he, as the loving father he would like for others to see him as, would not have agreed to allow his children any time with their mother.

In closing, you can write all day long about the lies that brought about this case... and you can speak ill of Tonya anywhere you please, but you will always be in the minority. The only people who refuse to acknowledge the facts and admit they were wrong, are the ones listed on Tonya's lawsuit, and those with close ties to Henke. Period.

Believe me, 12:44 is tied to the Joal/Sandra Lamb camp. No, the "doctors" did not verify any child molestation or anything of the sort. Everyone there knows it did not happen, and especially Judge Williams.

I do always find it amazing just how much these people are willing to lie and lie and lie.

Anon 12:44: As they say: "Birds of a feather flock together." You're a blatant liar just like Joal & Sarah Henke, Sandra Lamb, etc. Hey, do you have a daughter? Why don't you have her go and shower together with Sarah Henke. If you have a son, maybe he can shower together with Joal.

The troll is probably Lamb or another one of the conspirators worried about Joal blowing the lid off this thing. How I hope they might finally put Joal to some good use in implicating the other guilty parties.

I admire TC for keeping it quiet. Shows her character and that her kids are her first concern. I think, as said previously, she has shown she wouldn't give up unless she received what was best for the children...to be with her. Congratulations Tonya!

Also the other day on your blog http://williamlanderson.blogspot.com/2010/11/times-free-press-disgraceful-portrayal.html, some people on the comment thread were upset that TFP didn't have Joy Lukachik on the story. I noticed in todays paper, she got the Sam Parker interview...which is a BIG deal. I'm guessing she was covered up with that. She did such an awesome job on TC coverage, she got rewarded. You go Joy. :)Lisa Aikens

12:44 obviously has no understanding on how the courts work. Tonya did not "cut" her witness list. JH & his crappy attorney stipulated (look it up in legal terms) what the witnesses were going to say & TC's attorneys were able to give summaries. Which means, JH was the one that gave in & realized he was fighting a losing battle. Understand terms before you post. It makes you look so stupid.

Also, to the person who said about letting it go, there is no letting it go. If we put it behind us, who will be the next Tonya? Oh wait, they already have James Combs lined up to be the next Tonya. It's not a matter of disgust for this one case, it's a matter of disgust for the "system" as a whole & Tonya's case was simply the light. As far as knowing Henke is a snake, that will never change. Tonya is the bigger person, but believe me, she will NEVER forget what they did to her. She can laugh now, because she was victorious once again.

One more point, if JH agreed to turn on CC, you can bet the farm that CC will in turn prosecute him for perjury and false accusations. IMO, that would not have been part of a "deal", unless JH is a bigger idiot than previously thought & that would be HUGE! Time will tell & I believe Tonya's tears were tears of joy & relief.

Lisa, no disrespect, but the interview Joy did with Sam Parker was done on November 9th. She was writing other stories during the custody hearing, so I can only guess they let the "new girl" take it. Which from feedback they received from myself & others, I do hope they let her write in the Lifestyle section or something. :-)

UGA Mom, the finished article was on the front page of yesterdays TFP, but the actual interview was on the 9th was how I understood it. But nevertheless, the interview was a big deal. She did such a great job on the trial, I am assuming getting handed such a big interview was a reward for a job well done.And yes, I agree, the "new girl" might be better suited for the Lifestyle section, or possibly typing in classified ads. :)Lisa A

Does anyone know about if 16yr.old get a girl pregnant.girl may be 16 also, and agrees together to have sex, can charges be brought againstthem, by a family member, or does the parents have to do that.help as soon as possible please..

You're right Lisa....classifieds for Joan Garrett!!! She could make a yard sale seem super! lol.

anon 9:03, if 2 16 year olds have sex, I don't believe charges would happen. If one parent tried to pull the statutory rape charge, then the other parent could do the same. If the child is to be born, it would be best for the parents to either encourage adoption or not have the battle royale of 16 year olds "doing it".

My suggestion, let it lie. If a child is to be born, it needs to be born into love. Whether the teens stay together or not, the best interest of the child should be the focal point. As I said, if both are 16, they are both of the age of consent & if one parent (I'm guessing the daughter's) tries to cry statutory rape, then the other parent should file the same charge.

UGA Mom at 8:27: Great post! Bravo! I think you're exactly right. Joal realized it was going badly for him, and that Judge Williams was not in the tank for him. So he started talking about "one big family" because he knew that would appeal to Tonya. It was Joal's best move to negotiate with Tonya directly towards "one big happy family" rather than let Judge Williams rule. Unfortunately, I don't trust Joal, but I sure hope everything works out alright for Tonya.

The correct way to state it is that the plaintiff's side "stipulated to" the defense's witnesses testimony. They didn't "stipulate what the witnesses were going to say." Perhaps you should become more familiar with the legal system before chastising others.

While the Plaintiff's side gave up the opportunity to cross examine the witnesses, the Defendant's side gave up the opportunity to present any additional positive details to the court. It certainly does not indicate that the Plaintiff thought he didn't have a chance. Furthermore, if he didn't have a chance, the Defendant could have waited for her inevitable favorable judgment.

Ms. Craft stated that she would fight even harder for her children than she would fight for her innocence. Yet Ms. Craft's attorney stated that what was agreed to was not what she wanted. If Mr. Henke was the horrible liar and Satan-incarnate figure that he has been portrayed to be on this blog, the one must seriously question Ms. Craft's judgment. (Or else, of course, one may instead question the depiction).

Anonymous at 8:51 PM: Haha -- I guess that your most recent piece was an attempt to turn the tables on us. But it was just a twisted counter-argument, and you know that.

The evidence of multiple substantive lies by Joal Henke is absolutely conclusive. BUT he is the father of the children, and Tonya realizes the implications of from a pragmatic viewpoint. Joal knows how to turn the charm on, and he also knows how to prey on someone at a vulnerable moment.

No one said Joal was the devil incarnate, but I think the behaviors that I just described are more on in line with the character of The Devil, as opposed to a horrible ogre that is transparently pure evil 24/7/365.

anon 8:51, let's just say I DO know what I'm talking about. This is why summaries were read of what the witnesses were going to say. You actually contradicted yourself & proved what I said. Nice effort though. Do you honestly believe Williams was going to give JH full custody of those children? Surely you can not. You're trying to read into something you can not. Why do you think Dupree & Henke stipulated to the witnesses' testimonies? Why do you think right after that, Dupree agreed to meet in closed chambers & come to an agreement? Was it by chance? No it wasn't.

I don't believe Joal is the devil incarnate, I believe he's a lying, cheating, stealing, fraud of a "person". I believe what he put his children through is sub-human & what he's put his ex-wives & current wife through is disgusting. I believe his lies & everything else are catching up with him. I also believe that the children will grow up to despise him. Not because of anything Tonya will say or do (she keeps her mouth shut about JH), but by Henke's actions.

I pray for these 2 children every day & hope they can have some normalcy. What's funny, is there are many people in the system in HC who do the same. Don't you think for a second that he had anyone in HC fooled. Well, since you believe he's the 2nd coming of Christ, maybe you do believe that.

All I can say is, you & all of the perpetrators who tried to take Tonya's children from her will answer to the Highest of all Judges someday & you better be ready to answer some tough questions. I know I am.

About Me

I teach economics at Frostburg State University in Frostburg, Maryland. We are located on the Allegheny Plateau, and we have cool summers and tough winters.
I am the single father of five children, four of them adopted from overseas and I have two grandchildren. My family and I are members of Faith Presbyterian Church (PCA).